How is a child IDENTIFIED as possibly needing special education and related services?

There are two primary ways in which children are identified as possibly needing special education and related. services.  

The first is through an obligation that each and every school district has called "Child Find."  The second is byway of referral of the child - either by a parent or school

personnel, such as a teacher or a principal.

 

What is Child Find?

Each state is required by IDEA (the federal Individuals with Disabilities Education Act) to identify, locate, and evaluate all children with disabilities in the statewho need special education and related services. To comply with this requirement, states conduct what are known as Child Find activities. When a child is identified by Child Find as possibly having a disability and as needing special education, parents may be asked for permission to evaluate their child. 

 

What is the referral process?

Referral by the school:  A school professional may ask that a child be evaluated.  The school will notify the parent in writing to request that the parent attend a meeting to discuss the child. A team of professionals from the school district will attend and discuss what they know about the child, including the child's strengths and weaknesses and areas of concern.

Referral by a parent:  A parent who has any concern about his or child at school should contact the school (email is best, or if in-person or by phone, follow-up with an e-mail), and say you are concerned your child may need special education and you want an evaluation.  There are no specific words; rather, just let the school know you are concerned and want your child tested. 

 

Under the federal IDEA and Arizona state regulations, the evaluation needsto be completed within 60 days after the parent gives consent for evaluation, so make sure to give consent ASAP.

 

Kirsch-Goodwin & Kirsch, PLLC

Support Group for Parents

Support Group Invitation for Parents
As a parent of a child with autism you may find yourself longing for a connection with other parents who can truly understand you. If so, Arizona Autism United Parents Association invites you to join its Support Group for Parents, a safe place where you can freely talk about your struggles and triumphs in an open-ended round table format with no agenda. The meetings are facilitated by a Licensed Professional Counselor who also has two children, one with autism. They meet the last Monday of every month from 7:00 to 9:00 PM at the AZA United main office. The next Meeting is on June 30. If you have any questions please contact Paulina@AZAunited.org.  This group is hosted through the AZA Parents Association (AZAP). We hope to see you there!

Hope Kirsch

Online Handbook for Special Needs Parenting

This handbook, the Online Handbook for Special Needs Parenting, is for parents and special education teachers who dedicate themselves to helping kids with special needs have the best possible lives.  From exploring the special education system to planning the family's financial future, raising a child with special needs can be difficult, but also joyful and rewarding. These challenges may even continue into adulthood, but they don't have to be faced alone.
KGK Special Ed Law Blog is pleased to be among the resources listed.

What is bullying? Is there a definition?

Bullying is behavior that is:
Unwanted
Aggressive
Imbalance of power – real or perceived
Repeated, or potential to be repeated, over time.




It is rare that a one-time event or episode will constitute bullying. 
Parents should report to the school authorities/administration every instance of their child being bullied, and the reporting should be via e-mail.  If parents merely tell someone at the school or phone it in, there is no record.

Kirsch-Goodwin & Kirsch, PLLC

U.S. Supreme Court throws out "mental retardation"

The U.S. Supreme Court is often divided, but they unanimously agreed recently on one point: the term "mental retardation" is no longer appropriate to use.  This may seem trivial and way too late.  Mental health professionals and most of us stopped using that term long ago as it recalls insulting playground inssults. 

But the decisions of the Supreme Court of the United States have broad impact, and the Court's action is a significant sign of society's progress toward treating each other with dignity.

See http://www.usatoday.com/story/opinion/2014/06/01/hall-florida-mental-retardation-intellectual-disability-supreme-court-column/9848687/

Arizona removed the "mental retardation" and "crippled" from state statutes in 2011 when Governor Jan Brewer signed House Bill 2213.

Intellectual disability is one of the categories under which a child between three years old and 22 years old may be found eligible for special education and related services:

(i) Autism.
(ii) Developmental delay.
(iii) Emotional disability.
(iv) Hearing impairment.
(v) Other health impairments.
(vi) Specific learning disability.
(vii) Mild, moderate or severe intellectual disability.
(viii) Multiple disabilities.
(ix) Multiple disabilities with severe sensory impairment.
(x) Orthopedic impairment.
(xi) Preschool severe delay.
(xii) Speech/language impairment.
(xiii) Traumatic brain injury.
(xiv) Visual impairment.


www.azspecialeducationlawyers.com

What to do if your child is being bullied?

If you are a parent (or legal guardian) and your child is being bullied at school, or you think your child is being bullied, here are some things you can and should do include:

• Email the classroom teacher, the SPED Director and the school Principal (or the Headmaster, if at a charter school) about your concerns;
• Meet with your child's teacher and follow that meeting up with an IEP about what you discussed;
• Ask for an IEP meeting (and remember, is a child with a disability is being bullied, that could be a denial of FAPE and/or disability harrassment);
• Read the school district and school's policies on bullying to assure the school is following its own policy which includes conducting an investigation. Arizona state law requires school districts to have anti-bullying laws. Make sure you know what your school district's  (or charter school's) policy is on anti-bullying.   

 Most important - make sure there is a record (emails are fine) of your reports of bullying, or even of suspected bullying.  Know what bullying is, and what it is not.

Kirsch-Goodwin & Kirsch, www.azspecialeducationlawyers.com

What to do when IDEA disputes arise

Special education attorney Hope Kirsch is presenting at this national training seminar on June 3, 2014:

When IDEA Disputes Arise, Create a Win-Win for Special Education Students

The Individuals with Disabilities Education Act (IDEA) provides options a parent can take to resolve disputes.  She will provide practical, cost-effective solutions, including thinking outside-the-box.
Selecting the remedy that best fits your situation and ensuring that it is effective, however, isn’t easy.
Join us for this special one-hour webinar to learn powerful strategies for resolving IDEA disputes.  During this informative session, special education attorney Hope M. Kirsch will reveal the common issues that lead to disputes, the most effective options available for resolving them, and the pros and cons associated with each dispute resolution process.
Session Highlights:

• The alternate dispute resolution options available
• The differences among the dispute resolutions procedures
• The pros & cons / advantages and disadvantages of each of the dispute resolution procedures
• When a school district is obligated to file a Due Process Complaint against parents
• Confidentiality rules in each of the processes
• Resources available
• Helpful hints to ensure that the child at the center of the dispute wins
• How to draft a state complaint
• How to draft a Due Process Complaint
• Statute of limitations
• The governing law

http://www.azspecialeducationlawyers.com/